Town Board Meeting

been in here in a few weeks huh hopefully it's like riding the bike find out huh yes going to go all right well let's bring the uh Thursday June 6 2024 Webster Town board meeting to order Pledge of Allegiance I pledge alance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liy and justice for all Dolly can you do roll call please supervisor flarey here councilwoman gatal present councilman kahill here councilwoman W here councilwoman Wright here Town attorney Jessie Pro okay we have a pretty robust agenda tonight uh starting out with uh two public hearings um the first public hearing actually um it's a bit of a deju

because we had a public hearing on March 7th of this year for uh the same uh repealing and replacing sections of 257 165 and 257 166 and 257 7 of the Webster sewer code we decided to table uh the resolution to vote on those code changes um kind of under a uh measure twice cut once philosophy uh and I think it was a smart thing to do because we came back and rewrote the verbiage of the code change that we think will uh serve the town um for years to come um and it's a code change that has to do with um the onetime fee that commercial and Industrial uh sanitary sewer users pay to the town when they uh when they start up their business and and tie into our sewer system so um did we have anybody don't that in layman terms is what this is about so I'm going to open the public hearing and at least at the time when um town

clerk uh dolly mcguyer was outside nobody signed up to speak on this is that still the case or did did did anybody come in late that wants to uh speak regarding the one-time uh sewer sanitary sewer system tie and fee code change okay well well I guess I'm going to close the public hearing then and um we have two resolutions here that are pertaining to this code change um usually we don't vote on uh resolutions that spawn off of a public hearing the night of the public hearing board likes to you know have a couple weeks to kind of take in everything that was said at the podium if anything was said at the podium and also any comments that came in via phone email and along those lines so for instance I said it was a Dayja Vu we did the public hearing for this on March 7th we were slotted to vote on it on March 21st the two weeks really did work out to our advantage because it it it had us see some

situations that maybe we should change the verbage a little bit um but now that I think we have measured twice and cut once I think we're ready to vote on this um but before we do do the town board members have any comments or questions I feel like we've measured three or four times at least yeah at least yes yes um and no I have no issues moving this forward okay um then I make a motion to approve local law to repeal and replace sections 257 -1 165 and 257-6665 [Music] the fee schedule for the remainder of 2024 that pertains to the augmented new

code on this usually uh Dolly we do fees for the for a calendar year uh in the organizational meeting are around then uh at the beginning of the year Andor I know Paul we're trying to work toward uh getting fees that the town charges done at the budget process that's right all so not on wood the 2025 fee schedule for all the Departments including sewer tie-in fees I I really like to to adopt the 25 fees uh when we adopt the 25 budget in late October early November that's my Christmas wish early I think we can do it but because we have here to for not had a schematic of tiered fees for industrial commercial size entry user into our system um we really have to set those fees for 2024 um any questions or comments by the board uh Paul anything as you obvious you were spearheading creating that fee schedule right we actually uh set up the

fee so it's kind of on a sliding scale based on how many edus are expected of the commercial property um it's in a range of U the typical charge is $1,000 for oneu uh so that will go through $499 and then we have a sliding scale that goes to 2,000 or greater uh the fees go up 1 12200 1400 1,600 and 1,800 if they're 200080 us are greater and in layman terms like if a developer is building a 50 house subdivis those 50 single family houses would be at our fee would paying $11,000 one time to tie into our sewer system however if a large commercial or industrial user is coming in and putting 2,000 the equivalent of 2,000 homes into the system and it might be their business is just very uh I know that art you've told me that car washes uh are notorious for having a lot of discharge into your sewer system so the larger the commercial or industrial

user the more we're going to charge them for coming into our system and they bring complexity that we usually don't get when we tie in a house so any other comments or questions no okay I am going to make a motion to adopt the proposed fees schedule for sewer system commercial industrial entrance permits second supervisor flarity I councilman kahill I councilwoman galdi I councilwoman w i councilwoman Wright I okay our second public hearing of the night um is to enact a local law to repeal and replace the current town code chapter 170 the flood damage prevention and replace it in its entirety with a new chapter 170 um I love using layman terms on these things um Josh I know Josh artuso you've been speading this working with DEC with FEMA a lot of agencies that have acronym names um the result of them redoing the flood plane if I remember correctly is that 90 properties that

here to for were in the flood plane in Webster are now not in the flood plane based on the new map and the new flood plane does not take any properties that were here to for not in the flood plane and put them in is that correct um that is almost correct uh there is one property that is being added newly um oh many others are being removed so it's it's a overall substantial reduction of properties in the flood plane okay and I think think anybody who is experienced being in a flood plane their home or their Pro I mean it it it does it causes complexities in your insurance uh and a lot of different things so um there we did have one speaker sign up for this so I am going to open the public hearing on this and we have George winter good evening how's the board doing tonight good how are you good thank you haven't been up here in a long time when that's

good I'm here to talk with you briefly about something that I know I I came in and talked with supervisor about when he first took over running town uh that was drainage and uh he said that you know we would get to my drainage problem down the road once we get new people in the highway department and things up and running and going and and now you're making changes to the code I'm sure are going to be just fine I haven't seen them yet but um I'd be glad to compare it with the original code um I was very involved with drainage with my assignments I spent 17 years with the town mainly as a code enforcement officer but I did a lot of drainage projects also the um we moved into the town of Webster in 1994 that's like 30 years ago and U when we moved in we really didn't have any problems with water uh I had a tum Pump It rarely turned on in January um no problem whatsoever and then a builder built a house across the street from us at 591 Lake Road 561 Lake Road and um he decided to cover up a pond that was there forever and it's on all the maps if you look at a county map there's a pond and that that shows up every time

he covered that pond up and then just made a little drainage ditch against the town uh approval of what he was doing and he got away with it and it's sad because immediately after that we started to see water and water and water um my sum pump now you know is still running right now in January the sump pump runs twice a minute as much as twice a minute that's that's essentially 2,880 times a day if you're counting and um the um it's it's unacceptable uh we asked Gary kly when he was here uh 2011 um we approached uh the highway department to do a drainage District get something going to put in a field capture system around Forest lawn's field on Forest Lawn Drive side and on ship Builder Creek Side that didn't go any place um Joe really wanted to put in a turnaround at the end of this Forest Lawn Road for the snow plows and he got that and we got some drainage issues taken care of at the at the West End of forest La Road but nothing was ever

really done to to solve the problem that we've got ship Builder Creek and Forest La Road now that we got one guy that's got five some pumps on that road and um we got others that have you know have flooding issues ponds in their in their property um for three months of the year uh we just need someone to respond to us get back to us and and call us we we'd like to have a meeting let us know when it can happen and sit down and talk about what Gary kly had recommended and just get it done the connections are there it's just a matter of putting in the field drainage and I'm sure it will really help us a lot so that's why I'm here to talk what my going to talk about it and you're changing the code and hopefully that's going to help you U do some things administratively maybe makes things easier but we we we have a we all be in charge now is because we have a drainage feed that we're all being in charge so there's there shouldn't shouldn't be a problem not having the money all right that's all I got to say any other questions yeah did you say one one person has five some pumps is that in one house yes yes five Sun Pumps yeah

five Sun Pumps that's a problem five because he's worried about being failing right he tried to some mechanical some backups and they they didn't always work um I I I've got my backups I've got two some pumps and um my backup is a water hydraulic backup and it does work but you got to got to run them on a regular basis otherwise they'll get gummed up but i' I run one one full horsepower sunm pumps and my sump pumps I replace every three to four years so they they wear out when they run that much so you got to stay on top of them I got a an inventory of sub pumps not everybody needs to do that but I do any other questions thank you very much for your time thanks thanks George um Josh I know we had the Forest Lawn neighborhood in here at the last board meeting uh for a historical aspect of their neighborhood uh I don't know if you know this off there top of your head are are any of the 90 plus properties being taken out of the flood plane down in the Forest Lawn neighborhood and is the one that is being included into the new flood plane in the forest law

neighborhood so off the top of my head I I do not recall uh where that one single property is or if any of the properties being removed are in that particular particular neighborhood but we can certainly follow up yeah and I and I George and I have known each other a long time uh from hockey days his granddaughters and whatever um we will have uh we know where you live George so to speak we'll have Pat Stevens the highway superintendent and his Foreman who handles uh drainage uh get a hold to you on what you just said um and I will forward to them the file I have from 2020 and 21 when you met at my office five times over that period uh so I'll make sure that the highway superintendent and uh the foreman for drainage get the copy of that file and we'll go from there so next up tonight you got to close it oh that's right that that was really okay we're on the flood planes uh there are there any other speakers that want to talk about the flood planes that the federal emergence FEMA redid and that's

why we're changing our code okay I'm going to close the public hearing um Josh I'm going to ask you a question I said earlier uh optic wise we like to not vote on a resolution the same night as a uh public hearing to give time to hear uh to think about what has been said at the podium and what has been written in um we have the resolution here I would say two things one um and Mr Winter's comments up there have really nothing to do with this flood plane issue that's a isolated drainage issue um is there any rush or deadlines of why we would want to get this in the queue today because I know you have to go to the state it takes 30 days to get it up is there is there anything that really would be advantageous to us doing it today when I have not gotten calls or emails and I don't think any of the board has against this because like we said earlier this is actually a good thing a lot of properties that were in a flood zone that were caused all sorts of angst through that are now out of the flood

zone correct and uh I to have not received any uh calls or inquiries or concerns from any residents um we are required to adopt this ordinance by June 30th at the very latest um to provide a one- Monon buffer for when the maps take effect at the end of July um so we built in an extra couple weeks there but um given that there's no uh concerns or push back I would have no issue with the board um taking a vote on it this evening yes P I have a question um FEMA is the organization that actually prepares these flood plane Maps correct is not something that we have any say in necessarily correct uh there was a formal appeals process um for communities but because of the situation Webster was in unlike Greece who had over 200 properties added into the flight plan I'll bet they got people at that public hearing yes yeah um uh so does FEMA notify that one property owner whose property will now be included in it yes did they get a notification about that residents should have been notified directly from FEMA do they also notify

those whose properties will be taken out of the flood plane Maps I would imagine so because those properties will no longer be required to carry flood insurance right okay thank you um I guess that the Murphy's Law me what can go wrong will go wrong I know June 30th is when you have to have it done I'd rather get it done earlier get it to the state and have a nice ribbon around it where we get it back from the state where this is there is no ambiguity to not only did we vote on it the state acknowledged it and we're done so unless any of the Town board members have a problem with uh me making this motion for tonight I think it's fine to make the motion tonight because this was also in a workshop not too long ago three weeks ago so we went through this at in in detail at that time and it's really more beneficial with so many properties coming out so I I don't see a reason to wait any longer Jenny John I agree okay P I agree I make a motion to approve a local law to repeal and replace the

current town code chapter 170 flood damage prevention and replace it in its entirety with a new chapter 170 second supervisor flarity hi councilwoman Wright hi councilwoman galdi hi councilman kahill hi councilwoman w i all right and next up tonight is uh the open to the floor where each speaker will be allowed up to five minutes to take the podium to opine and anything that they'd like we have six people who signed in uh for this but I also don't know if anybody came in late that would like to also speak this is anything you want to discuss would you like to speak um well I'll tell you what first of all let's get our first Speaker up there and this is deja George winter is our first speaker one more time and I'll be brief in my uh 17 years of working for

the town one of the projects that I was assigned to work on and in my uh everyday uh calls and complaints was uh somebody was Landing a helicopter down in our subdivision uh really okay well you know so you go down and you take a look at it and you sure up there's a opter down in the Sundance Trail property and there's on a pad too so um that's how it kind of all started and um the uh the town took a good look at it and Charlie and I we worked on this for quite quite a quite a long time uh on the should it be there should it not be there and uh it it came out that we felt that it shouldn't be there uh in actual fact my personal opinion always was that that was going to be any place in the town of Webster it should have been out in a commercial area of the East end of town where nobody lives and nobody cares uh commercial businesses area something like that but in a residential neighborhood boy I'll tell you my phone just rang off the hook constantly um from the Sundance area and other areas of the Town people are just concerned about it uh then it migrated down to do

it road so uh you know I guess that's back where you are uh you've opened Pandora's Box and now you're going to have to figure out what to do with it so uh all I can say is uh good luck to you thank you thanks George our next speaker tonight is Harold brayy uh I got to say this meeting tonight comes a surprise to me mainly because I never heard about it until the Webster Herald today and uh the pr a report in the town of Webster should be published Well published um what we're talking about here is not a single Healy pad we're talking about the gentleman wants to start an airport and you're going to have a lot

of helicopters because the C of Rochester municipal airport don't want them they're very restricted on how they can fly in and out of the airport and tonight the board should consider setting some restrictions on how they're going to fly in how they and there's not much more I could say other than remember our it's a residential area you got a th000 PB airplane it takes 1,2 pounds to lift it so the thrust from that airplane will rattle of China in your cabinet I know from 2007 when they used to fly around there and I can tell you right now of course I won't be around so it don't matter I'm just saying that the you should set parameters on this whole thing before you just give Mr Cassini I permit to go crazy thank you thank you Harold next up is El Switz good evening to board this is my

sixth presentation on this in the last 19 years and it's in reference to the helicopter application um John kashani has proposed I'm not going to tell you about safety I'm not going to tell you about noise I'm not going to tell you about population density because you've heard it many times already you resined a law that was valid for a long period of time that kept this problem in check quite honestly um a respected jurist Judge David larer quotes it would be self-evident that prohibiting aircraft from taking off and Landing within the town of Webster a heavily heavily populated suburb is rationally related to the goals of reducing noise and protect the safety of the residents of the town of Webster I do want to continue uh Mr kash's attorney had four questions he brought up at the Town board Workshop in September mber 14th of last year uh first one is Webster is the only town in Monroe County to have this kind of prohibition to aircraft that is correct and it's because the other 17 towns don't need to have one 893 thewi road is unique

property he doesn't have to fly over anybody else's property that is true but the problem is he does John does what John wants to do John Parks his truck in front of your house House John takes pictures of your house and John hovers over your house right there up in the air and I can watch him okay no one else has challenged a 17-year ordinance it doesn't affect anybody else and John's attorney presented photos showing three sides of the property the reason you didn't see the photos on the forth side is the hundreds of homes that are along the road the subdivisions Bay Road Colorado Drive Duran Etc should the application be approved no currently you have control once you give lose that or authorize permission for him to take off and land off of the wit Road he's going to do what he wants to do there's no prohibition for anybody else flying into this helipad if it is allowed to take place and quite frankly if you approve this you're approving one man's hobby over for the safety of all the residents in the Northwest part of

the [Applause] town I request you deny the application and hopefully we won't be back for another presentation in the future thank you thanks Al uh next up is Joan Schlagel I'm Joan Schlegel I'm actually here representing my husband who couldn't be here tonight I'm representing both of us I'll give you a copy of the remarks and attached to the remarks um I have also included a copy of an information sheet from the FAA in which they state that uh if this is passed the um helicopter should operate in a manner to minimize noise vehicular traffic around the site controlled Etc and one of my biggest concerns has always been the traffic on the Bay Bridge and I'm not sure how anyone is going to be um able to control

that traffic but they sure are going to be very aware of a helicopter landing uh in such an unusual place now these are the remarks that I've brought in reading the my husband put most of this together in reading the Webster heral on a regular basis I've noticed in the past several months that requests for special options have been granted by either the zoning board or the town board to allow requests within the R2 or R3 zoned areas of the Town it seems that there have been a number of accessory structures granted and in some cases requests to Grant variant changes variance changes and special use permits our neighborhood group basic had has had to oppose such requests for several years that would change the nature of such a large R2 and R3 neighborhood as designed and proposed in the zoning maps of our town our organization spent many months opposing two business ventures that were within our West Webster zoned area and this board sided with us in those two cases to deny the business applications now we must spend more energy opposing uh Mr kash's heliport application which is yet another business venture that doesn't fit into the zoning plan that the Webster planning committee has designed

for West Webster the taking off and landing at this site at the dwit road location has many US of us neighbors living within a block of this Hort upset upset and on edge emotionally distraught and very concerned about our safety many of us feel that this landing area being as close to so many of the houses tightly surrounding this site is totally an unsafe place to have such an operation simply because of the Myriad of things that can happen and create unsafe situation excuse me situations history of helicopter Addies we call them have occurred in the United States on several occasions where the most talented Pilots had have lost control of their transport with situations occurring that they had never expected but we were unavoidably and unable to correct no flight is ever without the possibility of such an incident happening many of us here are more than just concerned we have uh designated zoning map in our town for a reason but to weave through this map of host of other than zoning sends out a loud message that such maps are indeed unnecessary why have them in the first place if there's no sense of permanency especially within the R2 or R3 housing in order to prevent an influx of business ventures many of those in our

residential area say no way to Mr kash's request there are handful of some residents who don't object or don't care about it what else could be permitted within this property if there is an approval fuel equipment and accessory structure or business use in closing it's my understanding that each of you board members took an oath to protect the health and safety of all Webster residents a positive V from you is in direct conflict with this oath thank you very much thank you JN think uh Jan Glendy is that correct did I say that correct okay okay I'm hear in regards to the helicopter pth okay I live at 237 shwood drive and I can't say it's John kash's helicopter but we have a blue and white helicopter that continues to go over very very close to the our homes so that is a concern I apologize the other three neighbors did not come with me because of short notice we saw

the Webster heral today and we did not have time to get together um but it is a concern of several neighbors and uh there were three of us that were standing in the road and the helicopter circled over us the blue and white one three times and we felt that we were very harass pass by this um it is I've talked to a friend who is in the Air Force and he said that the plane the helicopter crashes can happen whether it's failure of the vehicle or whatever and he he felt it was very dangerous to have a helicopter landing in a residential area um my other question is if it is the helicopter that's on dit Road why are they passing over our neighborhood to go home or to leave I'm not real well prepared because this is you know short notice again but we have severe concerns the law has been in practice now for how many years and now suddenly we want to change it um the residents of shwood and Birch Lane would like you to know this will not make us happy we're very upset thank

you thank you chair uh next up is Jared hurt Jennifer you like these no thank you I'm actually okay okay good evening uh before I begin I guess I just have one question with regard to the Ping application uh whether or not I'm going to have an opportunity to speak on behalf of the applicant before the board votes on it other than privileg I beg your pardon excuse me say that again Jared sure I I would just want to confirm if I'm going to have an opportunity to speak on behalf of the applicant before before you vote number 13 correct no okay then I'll use my my time now to address the board so thank you for that um I don't want to belabor this we've been before the board many times now um keep hearing the same thing over and over again with regard to the health safety and wellbeing of the residents as this board is well aware we've gone through the process both through the FAA both through New York State uh Department of Transportation we've had the experts in this field um go through vet this

approve this both come back and positively say that they approved this Hort um for all purposes which is why we're now before this board again it's an honorous process which we have gone through nobody else has gone through um couple of things I just want to touch on and and hearing some of the comments from the audience one um the last speaker I didn't catch her last name but she mentioned the blue and white helicopter anyone that knows John knows his helicopter is bright red um it is clearly not his helicopter um in fact her her comments do nothing more than assist my client's application before this board because the reality of it is any helicopter can fly over the town of Webster at any time that is the reality of it the town has no ability no jurisdiction to in any way govern airspace we all know that we've gone over that many many times um it's not a business venture as we know it is a request by the applicant to use a recreational vehicle which is frankly no different um than using a four-wheeler although people want to make it sound like helicopters are flying out of falling out of the sky on a Rand regular basis that's just not the reality of the situation um and and that is established

so um unless the the board has any questions for me I'm going to rest solely upon our materials which are facts um which have been vetted by the experts and not by um comments from individuals that perhaps don't have the necessary credentials to make them so and Jared I think I have a question absolutely uh since I already have said you're not coming up in an hour when we get to number 13 I want to to make sure you get a chance to answer stuff if we have questions about this and one is that I have actually two questions I couldn't find in the FAA uh approval Andor the New York State Department of Transportation Aviation the flight pattern uh that is mandated i' I've heard it said that from the DT property um he would take off and go over the bay and he would come come in over the bay and come to land I don't see that there there is no mandated flight pattern from the FAA or New York state so it there is no they they what they um the FAA looks at it and approves it based upon what they they look into

it obviously look at where you want to put it go okay this is a safe place to to fly New York state does the same thing they come out they look at it and if they had issues or concerns then they could if they wanted to make specific mandates they they haven't so as part of our proposal to the town we have mentioned that 893 dit is a very unique parcel there's no other person like that in the town of Webster and he could Mr kashani could take off in land without ostensibly going over anyone else's property yes he he can do I agree but there is I just thought it was mated by one of the other three cuz New York General business law 249 very clear here's how you get an approved teport FAA First correct that's tan amount that's a meat grinder yes there probably isn't too many properties around here that would get that then you got to get the New York State Department of Transportation uh uh Aviation division correct another meat grinder and then if you get through those two you end up in front of a town board yes um so I like I said I was just looking I just assumed and you know what happens when you assume that a flight pattern was you know uh mandated but but

you're saying it's not at least by those two entities correct by by by the experts who looked at it they determined one wasn't necessary right and the other question I had was I didn't see anything that was overtly in those approvals that you have to be hovering whatever like you said you can fly anybody can fly a helicopter in Webster yes anybody what is the law I couldn't see it of how low they can get to a building Andor a residential neighborhood like how low that I I don't know the answer to that frankly um and and the reality keep in mind that the the FAA governs that and so if there's a pilot who I mean he's a licensed pilot that is not complying with the regulations imposed by the FAA because they're the ones who who regulate flight then a complaint can be made and that pilot can lose his license okay does like I said does any of the Town board members have any other questions for Jared no I reviewed all thei no question but I comment U because you asked the question about how low a plane can fly because as

I was a helicopter helicop how well a helicopter comply sorry that was part of the inquiry I did when this was before the board earlier this year and if a commercial helicopter pilot was flying over power lines to check power lines they can literally be 100 ft or 200 ft flying over a house checking power lines so typically you wouldn't see that for a um private use or recreational use but for commercial use if you have a company who is contracted to inspect power lines they can legally fly that low yeah and that's not but but this isn't a commercial uh helicopter so I think thank you and uh very similar uh to what happened when we voted the law out on February 22nd you know that the board talked for 52 minutes prior to that vote so maybe when we get to number 13 tonight I'll be interested we always say any questions comments by the board before we vote on a a resolution hang

around because you'll see there's a lot of conversation that happens on the other 12 resolutions before number 13 tonight so we'll give you a rhythm of how this works but thank you Jared thank you and last and I did not Sally I can't believe I did not it's been a long time how are you good to see you you are lucky number seven you're the speaker that is last up on this I must say and I'm a bit embarrassed to say this is the first town board meeting I've attended ever and I've lived in Webster a long time but um as I was finish finishing dinner I pulled up the heral and I saw this meeting advertised and I've heard people speak very uh well and succinctly about the issue of the helicopter pad so thank you all because I am not prepared I've just come because I felt I had to say something um I live not that far from um thewit Road quite close to the bay and I am concerned about a helicopter pad in a neighborhood in a residential area uh I

don't know how many of you have ridden in a helicopter or been near one when it takes off and lands it's loud really loud in fact uh we were on one at one time the first time I was on we had our young son he cried because it was so loud so um I'm I'm quite concerned about this issue I haven't followed it nearly as well as many of you have uh but I I hope it is um not approved in this n residential neighborhood or any residential neighborhood within Webster thank you thank you Sally okay I didn't I don't know because I have my beam or my column here that uh is there anybody else that came in late or who would like to speak on this well that's let's go let's do it here and it since you didn't sign in can you clearly give your nameis Bel pardon Chris Bel belt Chris y belt and your address Chris 306 Lenor Lane 306 Lenora Lane 306 Lenora Lane okay the podium is yours

yeah I'm I'm just you know I hear all these concerns over here about things that are very invalid um you know first of all this board has no jurisdiction over any aircraft in the Aira so anything that's flying here you have no say this board has no say over it when the helicopter comes in he's got 35 acres of land hey Chris would you would you mind addressing the board please oh I'm sorry thank you I appreciate it very much no I apologize so he has 35 acres of land that aircraft is still an FAA Authority when he's one inch off the ground from one inch to when it touches down is still FAA jurisdiction has nothing to do with any of these people over here who have concerns you know I feel like they're over here saying well you can't fly because it could crash well I fly Delta all the time and my Final Approach is over Webster so are you going to be going to you know the FAA and telling Delta that you know I can't fly I can't land her anymore because you're concerned of an aircraft the second point I'd like to make is they're talking about noise are are they have they done any due diligence about the amount of Dees that that helicopter creates now if they're

concerned about noise are they going to shut down State Route 104 because the noise on State Route 104 is over 100 DB are they going to Outlaw lawnmowers in the town because a gas powered lawnmower generates 90 to 95 DB of noise now Mr kash's aircraft only generates 83.7 DB so it's significantly less so I I don't know what they're hearing but I think they're just you know they have uh an emotional feeling about this and not a factual feeling and and it really should be a concern to the town that we approve and go forward what's already been there this gentleman made a case that he hadn't heard about you know the helath you know what that it's been licensed by the FAA for over 20 years where's he been I mean it's it's public knowledge you can go on the FAA website and look it up there's over a 100 private hell reports in the state of New York I've looked him up it's not uncommon this is a unique piece of property he's a commercial pilot he has a license he's controlled by the FAA the aircraft is monitored by the FAA these people sit and say he hovers over my house you know what prove it because you have the

ability to prove it [Applause] call I'm going to stop this right now I want you to step away for a second Chris I'll let you back you got two minutes left there will be decorum or I'll end the meeting this is not a place where someone gets on the podium says something that maybe you don't like and you start pot shotting from the crowd okay that's not going to happen you get a chance to speak when you're here at that Podium does everybody understand thank you keep going Chris you have two minutes thank you the the the helicopter has a transponder on it which the FAA monitors constantly that's how it knows that it's within range of other aircraft that's how other aircraft identify it it's not like these uh you know other aircraft uh the planes that people can fly out of their backyard that the town approves that don't have any transponders on that are in the flight path of other commercial aircraft but this aircraft is licensed legally it's approved by the FAA it's approved it by the do it's it's uh uh uh uh monitored

and it's jurisdiction falls under the FAA there's 35 acres of land to go from one inch of FAA jurisdiction to the ground which once you're on the ground has nothing to do with any neighbor anywhere because there nowhere's in sight of that helicopter they can't even see the helicopter when it lands on the helipad it's behind the house it's below GR you can't see it so I I know they have their emotional feelings about things but let's work with facts and not feelings that's where we need to be thank you thank you Chris um I know I thought I saw a couple more hands sir if you can and uh I didn't lose the I don't it's close not yet uh and your name is Bill McDonald 891 do it thank you Bill I've lived next to John for four years I've seen the helicopter come in and out numerous times just want to State the facts that I'm aware of always respectful always goes out over the bay away from my house away from my property I don't have my dishes rattling I don't have my siding blowing off I have an above ground pool in my backyard

I have furniture in my backyard never had an issue with any noise any wind nothing of the sort uh quite honestly I do get more noise from 104 going over the bridge than I do as helicopter the handful of times I've seen it in the four years so I don't see it as a big problem I don't know why if you hear that from me it doesn't hold any more weight because I'm the one who's legit right next door thank you thank you and then I think at least one yes sir oh oh two jeez John I might have to get up there to win the bet no you did now no it was 10 wasn't it my name is John salsgiver S Au LS g i v r 897 Clen so I wanted to just kind of confirm what the councilwoman said about minimum safe altitudes there's a regulation in part 91 which which covers the operations that Mr kashani is proposing part 91 covers non-commercial private

Aviation doesn't apply to commercial operators the minimum altitudes for safe flight are 1,000 ft over congested areas 500 feet over less congested areas and the key to that is except for takeoff and Landing that's something to keep in mind because you can't start at 500 ft you have to get to 500 ft and as far as referencing commercial operators flying much lower than that I live right next to substation 73 on CLM Road and many times a year they inspect those power lines that come in and out of that Transformer there's trans there's power lines east and west and there's a line that goes south from from that Transformer and they fly up and down the power lines inspecting them it's an important thing that they have to do to keep the lights on and those helicopters the one that I've seen has been blue or blue and white it's probably a bjet ranger which is a pretty common helicopter but it's not Mr kash's

helicopter I don't know do you have any questions for me no I I'm just I looked up 91.1 one9 and it confirms the 500 500 ft level that you're speaking about so yeah I appreciate that thank you johen thanks appreciate it going good uh Kyle Malone 889 DT Road Ty Kyle K and the address again 889 DT Road 889 DT thank you so I did send a letter to Mr flare through an email yesterday um but honestly I'm going to even keep it shorter than that letter um I live at 889 which is two houses down from where John is I'm one next to Bill so bill being the closest and me being the next closest essentially my backyard is John's backyard and I can say I have never had any problems with John flying the helicopter in landing it

taking off I have zero concerns over it have zero problems with it I do not feel unsafe in any way shape or form and like I said that's I think should hold some pretty solid water also I I think uh 3 years ago or whatever whenever we had this we had I think 15 other um people that own properties long to W that had the same feeling as me and and we had signed something saying that so just want to bring that up I do know that some people in the neighborhood or further not in the neighborhood maybe have the concerns but the people that are the closest have both gotten up and said that they're not concerned about this so that's all I really have to say thank you Kyle thank you very much and Kyle I did receive your letter okay perfect okay did I see any other hands I do see another hand going up go right ahead my name is John musen 658 treasure

Circle and John how did say that last name again musen M SS o n m u SS o n and it was Treasure Circle yes sir 6 658 thank you you're welcome um what I would like to do I think the the facts ultimately speak for themselves and I trust it you folks will you know you know you folks will see see the facts and make the right decision um I respect respect the viewpoints of everybody in the room um I understand one gentleman has presented six times and uh you got to admire his tenacity um but what I want to speak to is um you know like I said I I don't have to tell you any more facts that's that's been presented at nauseum I want to talk about John's character because these folks are presenting him as if he wears devil horns and he's he's there to fly his helicopter over their house and torment them um for one um you know gentleman who's been up here six times if if he put his passion into something else like like John put his passion into getting a helicopter license you know maybe he could achieve something of the sort um it takes a tremendous amount of passion and a tremendous amount of work to do something like that and somebody like John wouldn't risk that license and

everything that it took to do that I know people with weigh less than John and you know he's way too humble to say this so I'll say it people with way less than John who flaunt way more show off way more um this man just wants to enjoy his land enjoy his enjoy his life and enjoy the things that he has and um I think people should just kind of Live and Let Live that's that's kind of my take on it uh if all the people closest to his house don't care why do people miles away care it's not affecting them it's really not and I've been around his helicopter many times um you know and forgive me if this is is out of decorum but everything they're saying is it's a lie it's not true um it's just not there not shaking houses it doesn't shake Kyle's house it doesn't shake Bill's house they're 50 yards away how is it shaking the guy's house up the street I mean it's just it's just not it's not factual it's exaggerated and it's fearmongering and uh that's my take on it and um you know I'm not here to disrespect anyone you know facts are the facts and just want to defend this man's character because he's done a lot for me he's done a lot for many many people and um I

don't like hearing people you know stand up here and try to assassinate his character that's all thank you thank you Jen were there any other hands that I well Sally you were lucky number seven I'm going to say this is lucky number 13 I think 13's a lucky number anything over 10 is lucky my mind yeah I know in your mind it is secet Burns 831 George Washington way I'm apologize I was late arriving and I don't know what you decided about the sewer code change so uh I'd like to know what what you said or whether you still have oh no something to say no the the sewer code was uh we adopt Ed the change for the one-time tie-in fee for commercial industrial uh heavy users of the sanitary sewer system you changed it for tell me again for the commercial and Industrial users not not so much residential like

you live in a home at Cherry Rich correct right right has no effect on the owners of cherry Ridge and or if you own your place no effect on that really no effect on anybody that builds another home in this town it has an effect on any commercial or industrial companies that come in and are putting a large amount into our sewer system all right so was it a change in fee yes it was can you tell me to what to a higher fee than it was previous for Industrial and Commercial users thank you you're welcome okay anybody else all right that concludes the open to the public section we are on to the next item tonight can I make one quick comment sure um as long as we're defending car I just want to make a comment that there was there was a comment made by one of our attendees tonight that if the other person had put time and energy into a

more positive direction um I just want to defend the person who stood up because Mr Switz has put time energy probably Blood Sweat and Tears into dedication to the West Webster Fire Department I just want to acknowledge that [Applause] and Penny I just will say and you know I'm I'm glad everybody clapped and I think Al has done a tremendous job uh when we had a public hearing on this helicopter repeal someone took the podium and it was one of the toughest decisions in a moment's notice if you want to call it I've had to make in four and a half years as supervisor as somebody stood on that Podium and character ass fasinated somebody in the crowd um I don't like it but I also understand free speech um I said to Quorum is this isn't going to turn into a free-for-all I have to use a lot of latitude because the country we live in that 80 years ago by the way as we sit here on this a lot of people died on DDA in 1944

for what we had have now and that Free Speech but I'll admit maybe because I'm getting older and contener I don't like when people get up there and start talking smack about anybody but I let it go and I got to tell you something that was one of the toughest things I've had to do at a board meeting in four and a half years because I thought it was completely inappropriate but if you believe in free speech and standing up there and saying stuff he didn't swear it was tough and just like when Mr Bel was up there saying that about Al I appreciate you saying that Patty okay because I wish I would have said something back on February 1st after a character assassination was made from that Podium on somebody in this room so thank you Patty I appreciate that just felt it was appropriate because um the previous speaker Mr senitz really can't get up and and nor would he defend himself and blow his neither did the person on February 1st get up and defend themselves nor did they po the yell from the crowd that night so anyway let's move on so we're

not here until uh 11 next Thursday um the next item up is our last board meeting Dolly thank you very much I reviewed the minutes and I make a motion that we approve the May 16th 2024 Town board board meeting minutes second supervisor flarey I councilman kahill I councilwoman cataldi I councilwoman wi I councilwoman wri I Paul I want to say and the first jeez I will say definitely the first seven resolutions on the regular agenda kind of fall in your bwick right I have put a few on there Tom yes do um do you want to give kind of a brief description of each one I know the first you know four are kind of boilerplate from what we do almost at every board meeting uh unless the town board members have any questions or comments on the previous documents they got on the the bills and the prepaid warrants purchase orders um is it okay if Paul moves to describing number well don't we have to still go through that just yes oh I'm going to have to I'm going to have to do

the resolutions no one two and three one two and three we just need to go through it Jen reviewed the bills we have to okay we'll start there we can do that it it would be nice to do it all at once but I'm not sure we can we'll go right ahead then okay so um I reviewed the bills today and signed off on everything at Town Hall so I move to approve the bills as submitted by the Director of Finance second councilwoman wri hi councilwoman galdi hi councilman kahill hi councilwoman W hi supervisor flarity I and I've reviewed the prepaid warrants submitted by Paul Adams Director of Finance and make a motion that we approve those second supervisor flare I councilman kahill I councilwoman galdi I councilwoman w i councilwoman re I I have also reviewed the purchase orders as submitted by Paul Adams the Director of Finance and make a motion we approve those second supervisor flarity I councilwoman galdi I councilman kahill hi councilwoman wi I councilwoman r i okay does any of the board members have any questions on Paul I think you

sent out or Kim did to the board members few days ago you have questions no yes he did oh okay um on the transfers uh Andor the amendments of the 2024 budget I have no questions okay I gave you a little background shoot away yeah the next two resolutions are budget transfers and budget amendments uh on the transfer side we're covering some of the larger things we're covering are some legal expenses related to some employment matters uh fees paid to our grant Consultants uh there was one uh error in the 20224 budget uh when Chris boo put his his budget together for the recreation department he left out one part-time supervisor so there's a transfer a part-time Recreation supervisor so there's a transfer from our contingency to cover that on the amendment side uh we're transferring some funds from arpa money uh to cover some of the bonuses that were given to our police department and we're also covering some engineering Consulting fees in the general part toown Fund in the general what engineering Consulting fees uh we had

hired a number of Consultants when our engineering department was down were they down to four five staff yeah for a good eight months or so kind of down a department yeah so the Consulting expense was much higher than what we expected but the a roll was a lot less than we expected right I should point out that the the revenue in the general par part time Part Town Fund was also much higher than what we expected so this budget amendment expands revenue and expands expense and a lot of that was due to the fees that we've collected from Coca-Cola Fairlife all right any questions or comments no all right I make a motion to approve the budget transfers as presented by Paul Adams the Director of Finance second supervisor flarity I Council ccom gatal I councilman kahill I councilwoman w i councilwoman Wright I and I make a motion to approve the budget amendments as presented by Paul Adams the Director of Finance second supervisor flarity I councilwoman Wright I councilwoman galdi I councilman kahill I councilwoman w

i Paul just keep going yeah the next one is uh resolution to adopt the standard work day and Reporting resolution we had three elected officials uh that began their term at the beginning of 2024 and the New York State retirement system requires them to do a Time study uh purpose is to determine how many hours they work in a month and that's used to give them credit to the New York State retirement system so the resolution just uh solidifies uh the data that was compiled and uh it's used to report to the New York State retirement system gotta any questions no I make a motion to adopt the standard workday and Reporting resolution for the New York state and local employees retirement system second supervisor flarity I councilman kahill I councilwoman galdi I councilwoman w i councilwoman Wright I and I guess this could be Paul or I guess art you can jump in if you want but yeah I could probably give a little color to this one but we're actually closing Capital project uh 8022 which was a renovation of the Clem

Road and Fawnwood pump stations uh it was originally funded within $860,000 transfer from the sewer capital reserve um I believe we ended up doing some extra things so we ended up being over about $54,000 we're going to transfer that from the fund to the capital fund to close things out uh yeah that's correct so Clem road is a uh one of our larger pump stations our probably second largest pump station uh it was in dire need of upgrade uh we were able to uh go in install new pumps new controls uh a uh a standby generator uh that was uh modern uh the original one was there which is about 35 years old uh so the station is in great shape uh for many many years to come uh fonwood was a uh that was a I would say a bit of a smaller upgrade uh it's a smaller Pump Station uh but we were able to resolve some longstanding issues flooding and so forth uh that the station regularly uh incurred I think I think maybe you were

out there one supervisor in the middle of the night with us so that's all been resolved uh both stations are running well so it's nice to uh have those fings uh off our plate and our uh resolution on the agenda 9 10 and 11 tonight are going to be pertaining to our largest pump station boser so as one door closes on Fawnwood and Clem uh I guess potentially another one is going to open on one of our other pump stations how many pump stations 20 in town 22s 22 um and similar to our sewer plant they all were kind of put in 50 60 years ago and they basically I know this one of the first month or so in 2020 I was supervisor you took me over to Clem and you basically had said it's a visual you got to take a look at this our second largest pump station this thing has nozzles we don't we can't turn because if we do it'll snap off and all this raw sewage will come out right and honestly I sort of forgot about that there was a broken pipe valve in the basement and it was clogged up with the rags so we went through the process back

in 2020 to go through board process and all that for explaining the dire situation and we had reached a point where there's you know just similar to our sewer plant there were parts that aren't made anymore you couldn't fix certain things and uh you know we can argue all day long that maybe these things should have been looked at 20 years ago 15 years ago it doesn't matter they're on us we're taking care of them and it's kind of nice to know that we are now done with vwn wood and Clen um what exactly Paul does transferring $53,000 from the sewer fund to close that project mean um uh basically it means the expenses came in at around uh9 114,000 even though we thought it would come in about 860 okay yeah so we have to make up the difference there you go to bring the capital fund back to zero gotcha any questions by the board or comments on this just a comment of the common theme that there's a lot of work that needs to be done across the town that hasn't been done in a long time and that sometimes because of the

age and the the condition it just tends to you find things you don't expect and they can cost more well I think it was it was expected and it's been addressed um and I'm just fortunate I think we're fortunate to have you know art and his team um leading these projects that are well overdue that's my only con comment so I'm going to make a motion to transfer $ 53,6 5846 from the sewer fund to close Capital project H22 the Clem Road in Fawnwood Pump Station improvements second supervisor flarey I councilwoman galdi I councilman Cahill I councilwoman w i councilwoman right I the next uh resolution uh the uh Frontline the company Frontline for court security through the end of 24 uh Paul can Paul Adams can talk to from a financial standpoint if the board has any questions that need I hate to do this to you Chief because you did me a

solid in kind of leading the charge for us on court security a couple years ago um if there are questions that are more answered by you better answered by you we'll we'll see what happens so um Paul yeah I know that we're this contract just takes us through the end of uh 2024 um it's a higher rate than we were paying uh The Firm that we were using I think they went out of business or reorganized themselves into Frontline somehow yes yeah I think the rates of maybe I don't know what is it D like 30% okay yeah if you wouldn't mind um and as Chief colem is is going up to the podium uh I said before Layman um really we used to have uh unarmed unpaid court security and we were very blessed in the town to have that resource for many years uh changes legislatively uh societally whatever you want to say in 2020 it became very apparent that um we needed armed

security uh at at the courts it became kind of the I don't want to say the law of the land but really every Court in Monro County was head armed security um and so the town did a uh robust request for proposal sent it out uh we had a couple of I think firms uh in the security business bit on it and swoops is who we hired engaged and they had a contract for 22 and 23 swoops did I don't know they went out of business and or they restructured as Frontline we have been operating outside of contract for the last five plus months the good news is they have still been supplying the appropriate staff for court security we are making a decision that we really just getting our new engineering staff up and running who does our request for proposals throughout town their plan is to do another robust one in the fall of 24 but in the meantime it made sense to us to basically go with the front line uh for the remainder of the year I don't know if that didn't really leave anything for report you can have seat now go sit back down uh

essentially yes uh swoop was acquired by Frontline as through acquisition uh their rate is higher than swoop was we were operating outside the contract uh in order to get us back on track we want to through the the bid process for 2025 but to avoid a gap in service because it is an essential service to us to have armed security uh we want to have a valid contract in place that the board approves to get us to that that uh new bid process essentially why we're here and $10 an hour per per G on duty yeah um yeah and I just I said Chief uh actually believe it or not uh if you watch the show Law and Order I guess the police is separate from the courts but Chief did us a solid back in 2011 by uh basically helping get some security from uh analysis done from the sheriff's department and other places so he he he helped us kind of rightsize what our security was going to be at court um and and it and I appreciate that and I said that you know you'll be out of of this but geez you just can't get out of it can you no sir so um okay

any other comments or questions on this no no okay um I'm going to make a motion oh no I'm not I would move that we enter into a new contract with Frontline for court security through the end of 2024 and authorize the supervisor to sign said contract second councilwoman galdi I councilman kahill I councilwoman Wright I supervisor flarity I councilwoman when she has stepped out and I think we're I don't know what you say to that Charlie you've got you've got your you've got your vote you got your vote I don't know how you whatever say that but okay so now the next three um is this where Paul you want to start doing Paul Chatfield start doing a presentation sure that kind of Cascades into 9 10 and 11 tonight sure so Paul Chatfield from mrb uh Engineering Associates uh Mr mrb group yep thank you Podium is

yours thank you so um tonight I'm going to give a a very brief presentation on the uh uh vosberg Pump Station which uh this is the largest pump station in in the town it was U constructed in 1980 44 years ago and uh I'm just going to run through and show you some pictures and uh just talk about a few things but this is the uh The Pump Station um structure so the station was constructed in 1980 um and is located at 601 bosberg Road uh The Pump Station serves a portion of the uh the town of Webster and also accepts flow from uh a portion of the town of Penfield through Monroe County uh pure Waters diversion structure and I've got to tell you as I've told you before relating to this our uh Patron and the sewer department you know really do a remarkable job in uh in operating the system and being a steward to the system um in 2021 and 22 mrb group uh put together a comprehensive analysis of

the uh Pump Station and the uh Force Bain that uh leaves the treatment plant and uh what we found through that analysis is that there is a significant um operational and maintenance problems that have plagued the The Pump Station over the past several years and it comprehensive rehabilitation of the station is is necessary um the town uh has the opportunity at this point to apply for a a water infrastructure Improvement act a WEA Grant as we call it uh which may provide the opportunity for up to uh 25% uh funding for the project the Grant application requires three things preparation of the final engineer in report so we take that engineering report that we put together in uh 2022 and updated it with the um final engineering report that is dated June 3rd 2024 um the second thing is to complete the environmental review process uh commonly referred to as the Seeker process the third thing is a bond resolution for the entire cost of the

project needs to be um uh passed by the board all three of these items are required relating to the Grant application uh document so just a couple of concerns that uh we have identified uh in the station the useful life of the pump station has been exceeded typically a pump station uh you know many of the components would have a useful life anywhere from 30 to 40 years some components of course last a little bit longer than that um but significant improvements are necessary there's one pump that's unused uh unable to be uh serviced limiting the pump station's capacity uh causing backup of the wet well which uh I believe Patty you uh witnessed that in October 16th of 2021 somewhere around 10:30 p.m. on a Friday night yes right I I recall that yeah um so operating on a reduced pumps and um due to vves not functioning is a very significant problem and art you can jump in anytime you have anything to to add actually I do so within the last 6 weeks uh we've had uh two failures uh with our

pumps uh one of them has rotted through uh we cannot take the pump uh apart so we I don't know if anybody knows about JB Weld it's a uh putty we had to putty it together to stop the leaks uh also uh one of our pumps which we've already uh rebuilt uh this will be the second time uh is uh failing quickly we are in the process of we have a used component at our facility we're going to rebuild that um to save the town um probably close to $80,000 as opposed to buying a new pump uh one of the parts we actually having machined it's a stainless steel sleeve if you think about it's a tube it's 6 in long for is around uh that part uh one piece of it is $5,400 uh because of the age of these we're having it machined and handmade for a thousand so uh the station's going downhill uh I think somebody had mentioned the staff is um very talented we've hired good people and they're able to keep this thing going but for how long I don't know yep and these are just some pictures of the

U um components of this uh Pump Station um so the pumps are Antiquated as art art had said parts are difficult to uh to obtain uh the ventilation system is unoperated out excessive corrosion creates an unsafe condition um the bypass uh pump system is inadequately um size and unusable uh and the wet well capacity is very small so uh taking a a pump out of service and having a a high flow in the uh Pump Station coming into the station can cause a problem and here's just a picture of the ventilation system uh that components it's a very corrosive atmosphere could you just go back to that sure on the left side you see the block is the Block in in good condition or is the step down is that an issue yep so um as part of the analysis that we did uh we included an allowance in the U uh in the budget for structural repairs and we have identified some uh structural concerns that need to be addressed okay uh typical uh like this which um some kind of a um settlement

that has occurred over the course of time but uh there are a number of things that would be addressed from a structural standpoint now is that above grade or below grade that is above grade interesting yep so before you move move on Paul uh you can notice the uh the yellow hoist on the uh top of that picture uh that hoist is no longer operable it's been rotted out uh because there is uh no air Exchange in that room um and uh even if it was operable the Hoist is obsolete uh we've been changing those out at uh within the plant and other pump stations as well so to pull uh a mixer that is uh below ground there uh the our staff has to get up on ladders uh hookup chains and so forth not the uh most safe thing in the world we do it the best we can and safest we can uh but we do not have operating cranes and hoist in that anymore okay this is just a picture of the um of the pumps um two of the existing pumps that are in the station some of the existing valves are inoperable as I had mentioned the emergency generator is

original uh construction 1980 and is scheduled to uh be replaced the electrical controls are Al also from 1980 many components are Antiquated and U and will be uh completely replaced also oh can you go back to that please so on the right side of that picture there's a uh blue uh display screen and there's a taped piece of paper there and on that says do not touch this this or this it's how bad that definitely state of thee art yeah um here's a uh a real big concern this is um this gray line is this large line is the force main on the discharge side of the pumps and the uh green lines are uh chemical lines um that are currently not in operation but are connected to the force Main and have are significantly corroded and u a catastrophic failure of the um Force main you know would occur if that line um was broken uh severed as a result of the corrosion it's a a very large

concern um Force main um bypass pumping system again is too small All U the force made discharge manhole um on shoe craft or no uh yeah Shoemaker Shaker shoe maker um has significantly deteriorated I have a picture of that and that needs to be completely replaced uh Air Relief valves there's two of them in the system they are old and need to be replaced here's a picture of the um there should be two um air release valves you see that there's only one um that's a um in place and one that is out of service and I believe that even the one that's in service um doesn't actually work that's correct the other one rotted off uh many years ago right here's a picture of the Force main discharge into the manhole um just before it goes into the large diameter gravity sewer and you see the significant corrosion that occurs from the hydrogen sulfide that um is introduced into the system at that uh Force main discharge significant uh problem so the recommendations are uh comprehensive Pump Pump Station rehab um

bypass the pump station during construction to facilitate a quicker construction period uh structural and ventilation improvements in the uh wet well uh replacement of all the pumps piping and valves Etc inside the station uh install three new um 20 2 310 gallon per minute pumps and installation of a new flow meter and you say new flow meter there is no flow meter we have no idea what's going out of that station right yeah would would it be safe to say art that in 1980 a lot less went in and out of that station than today absolutely yeah absolutely yep um so these are just some of the components to u to be uh uh completed installation of security measures um and again replacement of that Force main discharge manhole and shoe maker so uh we have a summary of uh total estimated uh project costs uh the total estimated project cost is uh $5.7 million uh the project will require uh

that the project be bid utilizing uh Wix law which is uh the multiple prime contracts so General construction Plumbing Heating ventilation and air conditioning and electrical that's mandated by uh state law uh so there would be four uh Prime contracts and there would be a contingency and there would be a legal Administration and Engineering service costs associated with the project so we rounded it off to uh five uh 5,700 th000 doar so before you move off that screen Paul sure um when the low bids come back in when we get to that point in the process um the 3,562 499 uh we we'll know if that estimate was equal high or low compared to the bids um okay and I mean we're we just did a highway garage where we bonded for 28 million and we're thinking it's coming in more like 23 because the bids came in better the below line of the construction cost contingency having a million dollars of

contingency which is your rainy day fund if nothing comes up that surprises us we don't spend a million dollars correct this is conservative uh and then the legal Administration all that it's an estimate but that is time and material art how do we uh I mean there's legal admin well obviously legal is our legal cost uh Administration costs and obviously mrb engineering uh fees B Council cost right you know yeah B Council Consulting I understand I'm sorry I understand what they are but they get managed through the process and monitored and it's and it it can they can come in less than that in aggregate yeah that's correct yes okay is the the bypass costs in uh General construction yes yes okay and I went through that because that screen that people can see and whatever we're if we do a bond resolution tonight for $5.7 million the biggest misconception of the public is that tomorrow Paul you're going to go borrow $5.7 million no not at all correct probably be significantly less than that especially if we get a grant yes and I'm not going to Paul you

already explained why we're doing these things right now 9 10 and 11 uh resolutions is um the WEA grant that we're applying for which is approximately a quarter of this 5.7 million the deadline to appli for it is June 14th correct that would be next Friday and uh Empire facilities Corporation EFC who mandates or manages the WEA Grant applications you don't have the boxes checked the seeker and these things we're doing tonight you're not cons considered for an award so yep okay thanks har thank you Paul okay uh project schedule really quickly um we anticipate it will take somewhere between 21 months and 30 months to uh to get from starting to put together the uh plans to uh completing construction y so um real quickly uh risk avoiding catastrophic failure is possible uh currently operating the sstem the station without full capacity um increase operational cost by doing nothing and increase F future Capital cost by waiting um we've seen

costs you know rise pretty significantly over the the years um all components pumps Motors generators electrical system is all well beyond their useful life and are likely uh to fail at some point in the future anything to close out yes I I actually do uh so supervisor you would mentioned 22 pump stations and we talked about uh Clem Road and Fawnwood um so of the 22 pump stations obviously CLM uh is a is a very large pump station bosberg is our largest we have a the uh numerous smaller pump stations that we uh in my seven years we've begun to upgrade we'll be you continue to upgrade proactively uh those we can do uh mainly uh with our staff within our operating budgets these large stations we do not have the bandwidth uh to do it so everything we can do uh year toe we try to do uh again in-house uh keep costs down and keep it in the operating budget and you know I I say it again lay in terms and I've learned a lot in four plus years about

sanitary sewer um I find it fascinating um if all of your houses were up here on a hill and our businesses were too and the sewer plant was down here we don't need pump stations do we correct pump stations I mean sewage is great when it's gravity leading it to the sewer plant but when you have to go up to get to the sewer plant that's when a pump station is needed and I don't mean to you know I I just I didn't know what a pump why do you need a pump station when I first heard it it's very logical um it's a grade thing it's kind of like a lock on the Eerie Canal and the pump pushes it up to the next level where it then can go gravity fed down to the sewer plant um um this is that simple um I guess and what do we got 400 miles of Maine something like that yeah about that yeah and you think about that in this town 35 square mile town we have 400 miles of sewer M throughout the

town that somehow spider through these uh pump stations and end up in a Roaring River if you ever going to see something crazy at the sewer plant on Philips Road um and they have to maintain that 400 miles of sewer M um and wherever you live if you're on the sewer system your house laterals in to one of those sewer Ms um it's unbelievable it really is it's kind of an engineering marble uh so but they rot they rot and you know and I I've used the word proactive uh twice tonight y this is not proactive it's well beyond it uh life it is sole the only question I oh go ahead excuse me is is you know you look at these pictures and obviously there's some serious problems there and Paul and I you both brought that to our attention my only question is we're looking at a timetable of what 21 months in the event that there's this catastrophic event at that home station we have

plans to react or so that's a great question um we do have some very good uh Partners uh in this industry uh one being mrb we have some very good partner contractors and we just deal with it as it comes uh yeah it's you know you can only plan so much um we talked about the pumps I I I really have a hard time throwing new pumps at this for you know 8090 $100,000 and more right um let's just repair them let's keep costs down because we know I hope for the town's good and for the residents good that this will be you know we'll get a grant we'll move forward and so forth um we do what we can all can I answer this I mean similar to and John I'm glad you asked that question if I understand it correctly uh the sewer department uses a lot of almost like it's like a heart bypass you you would if you have a problem that something snaps and breaks will the flow doesn't stop we can't call all of you and say Hey listen you got to stop using your toilets for a couple days until we fix that that's not how it works you have to figure out with the engineers and contractors how to

bypass with some uh almost generated to push it back up because the flow can't stop correct so you have to figure out how to keep the flow going and not have it just go all over outside on the lawn and out to all the neighbors and stuff is that an accurate way to describe it that's AB absolutely accurate there's some very big pipe ass pumps that will be put in place that will be um engineered and uh there's specialists in their field is the the cost of running a bypass pretty expensive when something like that happens it is it yes y approximately you just just the pumps alone uh probably is $60,000 a month yeah yeah so we got a plan for the cat catastrophic catastrophic thing it's just going to be a Band-Aid at $360,000 a month for the pump not to also include the the materials of the bypass pipe and all that stuff so we having fun yet everybody my wife says stop going out when we're going out for cocktails and dinner and talking about the sanitary sewer system I find it

fascinating okay um so these next three uh resolutions pertain to what we've been talking about for the last 20 minutes in that presentation um so I am I know that two or three weeks ago we came and and gave the intention of the Town board being the lead Agency for Seeker we are now going to declare ourselves lead Agency for Seer so does the board have any questions on that process I'm going to make a motion to declare lead Agency for the state environment quality review Seeker for the fosberg pump station Improvement project to the town Board second second supervisor clar I Council councilwoman galdi I councilman kahill I councilwoman w i councilwoman Wright I Patty it's your I would move to issue a Seeker determination of significance for the vosberg pump station Improvement project and to authorize the town supervisor to sign part three of the Seeker form and at the moment I wish that councilman Abbott was sitting next to me now please don't be offended by

that because do I need to include what we're declaring this uh is is it since we're doing the part three form does that pretty much say what we've declared it to be type type one type one thank you it would be help a type one action second councilwoman galdi I councilman kahill I councilwoman w i councilwoman right I supervisor flarity I and Bill would be proud I only say that because he was the secret that was a good call yes that's a pretty important clarification when people look at this resolution 10 years from now I I heard him whispering in my ear you have to yes Bill whispered no he would have been yelling in your ear come on maybe um and then for just for all everybody we when we do this next resolution we're not running out and borrowing $5.7 million tomorrow any questions on this Bond res resolution by the board no make a motion for the vosberg pump station Improvement project to be bonded an amount not to exceed $5,700 th000

second supervisor flare I councilman Cahill I councilwoman cataldi I councilwoman win I councilwoman right I okay now now we're up to number 12 on the agenda tonight and uh I want to say two things before we get into this number one Dave uh as an Air Force veteran uh you came here tonight because you you you wanted to hear about this one right and you've been very patient we've been here for an hour and 43 minutes so far so you're about to get the the the money to anybody who saw the Webster Herald today which it sounds like a lot of you did letter to the editor said what is going on with this town board that you're sending your police vehicles down to Avan that doesn't make any sense okay we're about to get into that that's number one number two I'm making an executive decision that the number 13 on our agenda tonight will be moved to really to number 18 and even it'll be the last thing we we consider tonight okay because there are people may be here for licensing agreements and this and that and if there is a similar 52-minute conversation amongst the board before there's a vote I think it would be

proper to let people go who are not here for that so without any uh further Ado Paul Adams and possibly Chief Colm explain to us the logic in the bid process that resulted in us taking our police cars to Bob Johnson Ford in abue you part of it you want to go first you want yeah I can go first uh Chief uh we did a best value bid I worked with Sam States one of our lieutenants in regard to this and we basically scored the uh biders on various criteria which included cost of Labor uh MSRP markup or discount uh results of some hypothetical repairs that we presented to them uh vehicle trans transportation services vehicle turnaround time and the experience and qualifications of the provider and uh based on the scores we're we're coming up with Bob Johnson Ford who we had been using for the past number of years yeah I just want to put a little bit of color around that uh so

when we put out that bid it went out to more than a dozen uh facilities for uh interest uh on bidding uh we only got three bids back uh two were in town one was out of town of uh the two that were in town one of them was disqualified because they didn't meet the bid requirements uh so it left two candidates left for the bid uh and uh Bob Johnson uh the out of town one uh was cheaper across the board on all the the planes and what we're talking about quality is not just a little bit cheaper uh it was $55 an hour less an hour uh Labor uh on the bid so when we did the hypothetical uh cost for the types of repairs uh they were cheaper across on each of those um they also do the transportation for free we don't have to transport the vehicles they come and they pick them up and they return them to us uh so when we looked at the two uh valid bids that we got uh we went with the one that was more uh economically feasible for us and also reduced operational um impact to the organization um if we went with the uh local one um we would have been paying more for the services that's the bottom line warant warrant locally Dave I got to tell you that for

those at home there's no camera on you there's no microphone on you so but but I'm going to repeat and especially in the spirit of the day that it is with veteran Dave OG in the C in the audience he asked the chief does that include warranty work Paul I don't know how yeah so when we did the bidding process we didn't differentiate between the type of work that's done uh uh we put the bid out for the repair work for the police departments because we don't know what's going to be covered by warranty and what not until they evaluate it so we have them as a as a contract Services based on the the legal process we have to go through for the bidding uh and they're the ones that came back as the more economical choice yeah so uh Town board members any questions comments you won't use any local vendor for I don't know fixing a tire you know something that no we do so we use Goodyear uh when we do um uh oil changes Tire changes things like that um it was a more economical process for us to use them but when the actual repair work for the vehicles um falls under this contract okay so I think that had been mentioned in the an article but the

article yeah well it was written so it must be true uh well I appreciate the clarification absolutely and I think that that'll help a lot of people out also I'm glad there's a lot of people here tonight because I can assure you decisions like where to take our police vehicles are with the government money your tax dollars much more robust 12 bids we sent out I would imagine when you decide where to take your personal vehicle you well first of all you're not mandated to be that thorough we in the government we are and it's good that it's set up that way because it protects the citizens to make sure that we're not just making deals for financial using your tax dollars flippantly so um I know I got reached out to by some people I know there was a letter to the editor in the paper today I know Mr OG who we kind of are pen pels you know oie sorry um and and I really like him even though I'm calling him the wrong name but he said it depends on who you talk to oie or OG um kind did kind of say to me today in your email what have you guys lost your minds we have not it was a very robust valid process

and the best value for the taxpayers with no overtime police officers driving down to Avon or any of those I'm going to dispers dispers or whatever those are myths so just for clarification even on the local stuff we have a part-time Fleet Maintenance civilian that does the vehicle transport so we don't pay police officers to do that thank you all right board members any questions or comments on this Noe I have none thank you but I got do I this isn't a contract right this is just okay so I'm going to make the resolution award the best value based bid for police vehicle repair services to Bob Johnson Ford 1675 Interstate Drive Avan New York 1441 one second supervisor flarity I councilman kahill I Council woman galdi I councilwoman w i councilwoman r i all right next up uh Charlie I think this falls into your value correct oh we're talking about the settlement of multiple years taxers Jerry and this is uh yeah we're I often come to the board I shouldn't say often but over the years maybe maybe once or twice year I come to the board with a u a request to approve

a a settlement of what's called an article 7 under the real property tax law uh it's basically a tax seary matter which means the that a property owner has challenged uh in court and Supreme Court their assessment most of the time uh these are commercial matters and uh we go through numerous years of litigation and uh usually involving Discovery and we end up paying for appraisals occasionally we go to trial most of the time uh the matters are resolved one way or the other the courts of course encourage that this is a matter however involving a residence um and uh 1688 if you don't know it is the quella residence which is probably the largest home not only in Webster but probably in Monroe County and we've had litigation on this matter before back in 2016 we had three days of litigation and um the matter came back before the uh Board of assessment review uh uh in 2019 after the uh the other matter was

resolved and um it's been going on ever since we have not resolved that we've not gone to trial uh we have conducted Discovery we have finally this year in preparation and anticipation of a trial which was to have been held last month uh had appraisals made each side uh we did inspections of the property and uh we also uh have met numerous times with the court both uh personally and with um or via video in any event uh after all this we have uh gone back and forth uh as to settlement uh if it was possible there was to be honest resistance on both sides um they kept on asking what we thought was too low and we kept on asking for what was too high uh and I'm not going to go into the details of the uh of the the numbers I'm not going to mean that much but we finally came to a conclusion um looking at our appraisal which we have and their appraisal comparing them and looking at the future because this

obviously is going to have an impact it's a large home the impact for the school district is much greater and frankly the school district uh is very much interested in having this matter resolved in this manner rather than going to trial um with a lot of these you go to trial it's you don't know what you're going to end up with often times uh the the judge will come down somewhere between your not the between the request of the petitioner and between what the actual assessment is in this case we have agreed on assessed value and uh just to cut to it and I have I believe I've sent each of you a confidential memo um with a lot of the details probably more than you want to hear and we've come down to and this is town rates only I'm not talking about the school district um we're talking about awarding refunds or granting refunds to the uh to the petitioner to M Mr dror and Mrs catella uh in the amount of uh the total amount is going to be $1,124 59 that includes interest uh the interest is calculated on a yearly basis

and the numbers are different every year um one year there's 6% another year there're 2% 2% that is determined by the Department of Taxation and Finance and I have no idea how or why they do it but they they change it but each year is a little bit different for example in the uh for the bill for uh 2020 uh the refund is $3,312 the interest is$ 13245 and um uh the the basic the interest is around about $800 and the remainder the 13 about 13,300 plus is the the actual payment by paying this we uh there are numerous benefits to the town uh financially we lock in a certain uh assessment on the property uh which benefits both us and and the catellis in the sense that we all know what it's going to be for the next three years it does lock it in that's by law not not just not even the settlement per se however if there's a reval valuation uh that's gone and uh the property can be revalued the other thing is there with that with by not going to court or

not having a a judgment there are no penalties assessed which again are by Statute and there's no costs involved which again are by Statute and in both cases those could be assessed against the town or the town of the school district so in any event uh I've given you all my reasons uh in the in the four-page memo and like I said there's a lot of history on this particular property but I think this this is probably the best thing for the town ultimately a uh lastly the the fact that we even going through a trial would cost us money I think we paid probably for the last trial about $20,000 in exper Fe so anyway no I appreciate the uh comprehensive email you sent out and laid everything out so um i' go along with your recommendations ume what are you doing at 2 a.m. you sent that on Wednesday morning I get into that at 29. I occasionally have bed um I woke up at 400 a.m. and I'm like w that because we both have the same sort of like you know yeah wow thing

so I I mean I read it all and I was like yeah it makes sense uh and does the board have any comments or questions before we this my only comment is I'm happy to see this come to a conclusion and reach a settlement because it's been going on for quite a while um I want to make sure that we read the resolution correctly for the specificity of some of the things that Charlie said there that this is uh the dollars that were uh the years that we settling on yeah dollars were sett you want me to just to to put it in put the words in and then then okay I mean it would be the resolution would basically be to well as a matter of fact I'll do even better I think I have the uh the stipulation a copy of the stipulation here somewhere we have big files tonight I might it might be out of order but I don't well no no I didn't no I didn't create I didn't create a resolution for basically we're just going to follow the um the stipulation in myo we are resolving to uh settle uh the the ongoing litigation for the years 2019 through 2023 there's four years of

litigation uh with the uh with the petitioners of catellis and and uh the Supreme Court te uh tax or Shari matters involving their property at 1688 Lake Road uh to reduce their assessment um in the amount of uh well for for the year well for the first year uh 6 635,000 the next year 69,500 for the 3D year 361,000 for the fourth year and 585,000 for the uh for the fifth year now indication is this these these numbers are based on uh overvaluation uh that they have agreed upon and that we have ultimately agreed upon the the amounts to be paid to the catelas in total for those years by the town would be $1 4,124 159 that includes interest which is statutory and um the interest is determined by on a yearly basis by the commiss of Taxation and Finance oh that's what I'm asking I'm

asking to approve the the payment I'm asking to approve the the settlement that is my motion second supervisor flarity I councilman kahill I councilwoman galdi I councilwoman w i councilwoman wri I Troy I am so sorry my friend I I hope you know cuz you know this isn't the most exciting thing to spend your Thursday night for two hours uh watching it being at a town board meeting but hopefully you enjoyed it up till now but [Applause] very Troy uh is here about a uh license agreement for a fence installation within the town drainage easement easement I take it at your home yeah 5 Road um I think we have Town board the necessary documentation the big one being Pat Stevens who is our Highway superintendent and therefore overseas drainage yep I think he gave the letter of approval on it right yes he did um okay try you can you can say anything you want but we're I think ready to vote

on it but if you wait two hours if you want to you know or I have a I have a question a couple of questions I because it wasn't in the paper um what is the height of the fence 6et 6 feet is it going to be 6 feet all around correct yeah okay including the gate yes that is correct and the other question is what are the material can you describe the the fence a little bit or is it a combination of things it's a stockade okay yeah it's nothing I like to put that in because it's important to have it as specific as possible if there's if something happens to the fence down the road absolutely do you understand the license agreement if if the town board grants that it's personal to you in this property so it's not that there forever it's not like a variance but okay correct so it's a regular wooden stock eight or yes yes wooden stock eight okay yeah we're just we're just putting it up cuz we have a little baby two month old so he's out in the car right now my wife so sleeping down the couch tonight you know what wow you the next time one of these come up we're putting it first I'm just messing around Jo you're going to become best friends with Charlie for the next week or so uh because I'm going to give you my card before you leave I'll give it to you so

I wow I'm going to make a motion to approval of a license agreement for offense insulation with the town drainage easan at 511 Sherborne Road tax account number 064.0 a-118 second supervisor flarity I councilwoman w i councilwoman galdi I councilman kahill I councilwoman right I Troy I didn't think you'd be your your wife and child would have to sit out there until they're ready to graduate from high school um by the time we finish the fence you wanted to listen from out there so you heard a baby crying out say by the time we're done the fence won't be high enough for that child um yeah I got to start looking at this closer we can especially long like this I yeah he's smiling what he's do father there you go um probably sleep deprived as well well he said no two months oh two months yeah she was walking out in the hallway with the baby earlier okay all right all right 16 yeah 16 um thank you Dolly this is so

Bittersweet um we uh the the town went through a pretty robust process of interviewing we had 36 applications um for a for town clerk tax receiver which is great uh narrowed it down from a very good pool to five uh did some Robos interviews that Patty cataldi and myself and Kim Doyle and the supervisor's office Bron Connor head of HR oh and barbot and Scott mhm uh the previous town clerk we brought her out of retirement and said be on this committee to interview these people um and we went through it and we think we got to go okay tough act to follow over here that's for sure um but Denine Maher um this resolution um I I think she's starting on June 24th and you and your office will make her some Deputy you know administrative Deputy but we're queuing her up that because dolly is officially retiring I guess Sunday June 30th that Denine Mar will be the new

town clerk tax receiver as of Monday July 1st um I I do and she will finish dol's term because actually believe it or not we appoint the town clerk I think it's a two-year term that follows I guess the supervisor um Dolly uh being the quality uh person that she is um she'll have a week uh while she's still the the clerk to train Denine but that's a pretty big position town clerk tax receiver Denine isn't going to have all she needs in one week so Dolly we are bringing her back as of July first in a part-time capacity um and we'll see how July and a a goes within her training of Denine and U we'll see where that goes so any questions from the town board uh no I just I want to say we had several very qualified yes and very uh very good applicants so I make a motion to appoint Denine M Maher as the Town Clerk and

receiver of taxes effective July 1st 2024 for a term of 1 and A2 years ending December 31st 2025 and that her fees as such be turned over monthly to the supervisor since I was very invested in this process I would like to second that supervisor flare I councilwoman galy I councilman Cahill I councilwoman w i councilwoman r i um um Paul I guess that you probably are best to explain this yeah I can explain it uh in conjunction with our agreement with Penfield volunteer ambulance we would like to have signed a collection service agreement with commercial acceptance company uh Penfield currently uses them I know that any um accounts that we choose to turn to collections it's going to be at our discretion um and talking to Glenn Becker over there typically uh the councel sent the collections are at least 90 days past due and um they ow an amount of at least $200 uh the fee that would be charged by

the agency would range from 25% to 45% depending on the I think the number of times that they need to pursue it any questions or comments um so I would move to authorize a town supervisor to sign the commercial acceptance company CAC collection service agreement related to Webster Emergency Medical Services second councilman Cahill I councilwoman Wright I super supervisor FL I councilwoman cataldi I councilwoman w i and I just want to let you know so uh 3 weeks from tonight uh on June 27th uh at 5:30 for our town board workshop on that night uh Penfield volunteer ambulance either Glenn Becker and or Dan Reen are coming in and are going to give an update statistical analysis of the first three months that they have been covering the full 35 square miles of Webster which is encompasses both the West Webster Fire District and the Northeast joint fire district they started that on March 28th and they'll report on June 27th

which is exactly three months so for those at home we hope people come to see it that night next what are you doing over there Josh you getting rid of some stuff doing some spring cleaning yes great well I'm not going to Bel the point um I make a motion to approve the following items for recycling from the Community Development Department a bookshelf tag 03803 a bookshelf tag 0229 a chair 03262 and a grade level tag second supervisor Clarity I councilwoman w i councilwoman galdi hi councilman kahill hi councilwoman right I and we have a table item from the May 9th and and the May 16th workshops and board meetings um Governor hokel uh announced at the ribbon cutting for fair life on April 18th that New York State Empire fin facilities Corporation EFC uh was awarding a $20 million Grant

to the town of Webster for their Wastewater facilities their sanitary sewer plant the thing that I I told you I find fascinating um we've been working with the attorneys and the various members of the EFC the last month and a half and I think uh Charlie thank you and Paul and Patty you've been involved and we have the final um uh contract language and uh we are ready to uh to have a sign and I'm I'm going to be very anxious to um uh have Paul um submit for reimbursement on this grant um because uh it it's very different from a typical Grant um a typical Grant is very cumbersome in a lot of ways to get the money back from New York State um we are looking at this contract and we're somewhat like this seems to be a very they're making it somewhat easy and clearing the path so um certainly uh getting our hands on that $20 million is going to help uh in a lot of ways uh it'll have a lot of ramifications on moving the plant uh construction along

but also as we we do the 2025 budget so absolutely any questions on this no I would move to authorize the town supervisor to sign the New York State EFC $20 million Grant agreement for the wastewater treatment plant Phase 2 project second councilwoman galdi I councilwoman rri I councilman kahill I councilwoman w i supervisor flare I okay it is 9:42 we're down to the last resolution on the agenda tonight uh which is a resolution um to approve an application for the establishment of a privately owned Hort at 893 dwit Road uh in Webster New York commensurate with General business law C 249 and the Webster town code subsection [Applause] 350-30 um a timeline of Milestone events and dates uh within the helicopter uh law if you want to call it uh over the

last 20 years [Music] um we had speakers when we repealed the law and February 22nd we had speakers at the February 1st uh public hearing I think I count if I remember 24 12 were for 12 were against tonight we had 12 speakers on this in the open to the public section there were six for six against consistency yes say that um but it really at this point comes down to the fact that uh the general business law 249 um addresses u a hel heliport an airport and really spells out the three part process of that approval and it starts with the FAA and then if they approve the site and the pilot and all that stuff then it goes to the New York State Department the transportation Aviation Division and then if it gets through those two uh then it goes to the local municipality um to do a derivation of an approval

um interestingly enough since we repealed the law on February 22nd it really wasn't officially repealed I think till April third when you got back from the state that they recognized it Dolly um I've had two two people in Webster say hey I'm interested in you know putting a heliport uh on my property and I said well that's great you know here's section 249 go to the FAA go to the New York State Department of Aviation Division and when you get that stuff all together you know come back to us we'll see how that works um I don't think usually Halfacre lots and Webster of the FAA and the and would would true but what do I know they're the experts um so I'm going to hand the batan off because really the the work that has been done on this at the board level is by councilwoman wri and councilman uh kill uh within this three-prong process so I'm I'm going to hand it to to the two of you um to either state or whatever before we move on with any well I think that um you know several speakers made very veiled point this

evening and and you know the board should be making a factual decision rather than an emotional one um one of the first things I did was to contact the uh town of Ontario um and I received the contact information for the attorney at the time um that the town of inter went through this process um and that's where I learned about General business saw 249 and the code of the town of Ontario was silent with respect to horts and therefore they they chose to use treat the heliport as an accessory use to the house um and it from what I've gleaned from speaking to his attorney and doing some other research that it is a pretty heavy lift to get um the FAA and the New York State OT Aviation um departments to um to authorize um this this uh this Hort you know they do the site visits and they look at it very carefully and diligently and you

know I Rely more on their expertise than than than obviously mine because I'm not the expert they're the governing bodies to make those decision so in my opinion he is follow business law General business law 249 and you know I'm in favor of approving the application jener um I agree with what John is saying um one of the reasons I mentioned earlier and I realiz wi we're talking about a private use versus a commercial helicopter flying over the town my my point for bringing that up is that helicopters can fly over the town the FAA is the one that governs that and there are uses where helicopters can fly that low not that this one would but that it it's it's legal to fly that low and and I think it's relevant from a a safety and a noise perspective to

mention that um again the the approval process is very clear and the FAA and do approval is there um there's a lot of discussion today and there was a lot of discussion before about noise and and we addressed that last time with the the noise from a helicopter is less than that of a a lawn mower and everybody mows their lawn um I I also take um into consideration I understand the concerns about safety and and and the noise in general but the neighbors closest to the property the two neighbors closest to this property in question um have no concerns and don't have issues with the noise um um um the other thing was like you said Tom the law has already been appealed which was the law of not allowing taking off and landing in the town of Webster and um I think I'm getting feedback La lastly I I I sort of agree with the statement like about safety and and a

helicopter can crash a plane can crash a car can crash I mean accidents happen all of the time that wouldn't be a reason why you would not approve this application so um for for those reasons and I agree with John I am supportive of the application Jenny um well up to consideration of everything and hearing both sides and everything um I just would like to know the point of order if you could explain that the what Charlie you know what that mean right point of order yeah yeah about that you know why we you know we already repealed the law right correct so why do we have to do this this is well you don't have to do it it's a it's basically it's a request by a citizen to to Grant a I guess Grant a permit I'm not sure either I me I'll be glad to address that now I can can address it later cuz I have some questions about the procedure myself so but I'm just saying like if we already get rid the law why can Mr because the the

application is not to fly the application is to have a hell aort which is different in other words the FAA and the state of New York and allow somebody to fly in and out and that that's been repealed the ability to land a helicopter or an airplane or whatever has been repealed so that's that's no no longer an issue as it was before the issue now is the use and creation well I should say the creation and use of a Hort I know but like I said it's just like if he having you know his house right and he have a garage he can park his car inside the garage or Take It Outside well but Hort is a separate structure and I that's you could you could say horts a separate structure there's going to be different kinds of of structures that may if this if this is considered other applications can be made there's a principle of law that if you they but they're going to have to F they're going to have to go by General business law 249 no General business law has nothing to do with this okay this is this is an application to the town Board of the town of Webster for a permit and it's not a special permit so it's not under the special permit process I'm I'm going to say this because I think I'm

not going to be here forever and the fact is this is going to be an issue that's going to haunt us spard well if if if you're going to make legal statements I would ask that we allow John's attorney Jared to take the podium well we're not you're not a you're not a well John you're not a court I'm trying to give advice to the town board which is my job and but I'm not an attorney and I can't I can't counter what you're saying because I'm not an attorney okay but you you don't want to hear my advice I sure I sure do okay that's that's up that's up to the supervisor what he wants to do then I'll I'll be glad to discuss the whole thing openly and if Jared wants to go back and forth we can go back and forth but well I feel keep going I'll I'll Reserve judgment I guess on whether jar goes back anyway I want to clarify because Jenny has questions why why are we doing this the law was repealed the the procedure which legally stopped Mr kashan or anybody else from flying a flying machine be a helicopter or plane whatever uh was appeal so therefore they can do that as far as the FAA goes that that's different that give that gives somebody the license to fly has nothing to do with what the town of Webster can do we have no control over the air we have control over the land in the town of Webster we can control the

zoning in the town of Webster that's constitutional and statutory so we're allowed to do that the application here is for a permit there's nothing in our code that says somebody can come in and say permit me to do this or permit me to build this particular structure there's nothing in our code Hort is not listed anywhere it's not listed in any District it's not listed anywhere thereby not being listed it's it's it's something that really you'd have to seek a variance for I would say that's number one number two Mr kale brought up the issue of an accessory use accessory use is listed in our definitions is a use customarily incidental and subordinate to the principal use and located on the same lot with such principal use is this a customarily incidental and subordinate use I guess I'd put that to the town board I don't see where it is I mean you can say anything is customary then I guess if if you're saying a Hort I don't know how a Hort would be customary to any use on any property if that's the basis for granting this permit but if that's the case if this is a customary use and why why would Mr kashan anybody have to come before the

town board and ask for it I mean it I guess there's a procedure here that I don't understand it and I don't care what the town of Ontario or any other town does I represent the town of Webster I'm advising the town of Webster I don't understand what the authority is for the town board to Grant this permit I've already given you all my opinion on this by the way and in any various emails and I've given my opinion to Mr hurt he knows it too I don't see where there's a legal right to do this if Mr kashani or anybody else wants to go to if they believe it's an accessory use or they believe it's something they're entitled to they can go to the zoning board of appeals and ask for a use variance I don't tell me where the authority is for the town board I guess is what I want to know where's the town board's Authority pardon me no no it okay I guess I not yet Jared not yet I'm still right I get to be judge this is great not not really no it's not okay um I want to move on to Pat but I want to stay with Charlie for a second because he is the town attorney and he's giving advice to uh the town board and and

that's that's a very valuable uh resource for the town board um I want to be measured so let me ask say this Charlie uh we repealed the law that's irrefutable that was February 22nd the state acknowledged it back at the end of margely April so here we are um if Mr kashani who to the best of my knowledge to this point has honored my request I don't know if I call it a mandate don't land your helicopter there don't take off there until we finish this process in your opinion if we did nothing what is the recourse of the town and the police I'll say sorry Chief and Cat if he lands his helicopter and takes off from that helor police nothing what is then what is the town doing I guess tiet him for an unauthorized structure I don't know I guess I'm not going to put jasher on the spot here but I mean I think it would be up to the coat enforcement officer to enforce a cat and I don't want to air dirty L but code enforcement we have a great code enforcement officer but we have a very uh circuit I don't even know what

to call it but it it we go through with these garbage properties uh and all of a sudden we get them to court and they don't show up and then the judge just uh dismisses the case that's what's happening right now so I'm going to ask again what teeth teeth does the town have if we do nothing and and it's like all right the the Law's gone so what teeth do we have if the well the other teeth would be to bring a supreme court action for who's bringing that action the so the appetite of that suit would have to be brought by who the town be brought by the town board the town board would direct me or some other attorney to bring the proceeding correct well I would think we would all agree that we are on completely opposite ends of the spectrum from the town looking to put a nice ribbon around a process and give him the the final uh authority to do this through structure or whatever I don't think the town board in this configuration is looking to bring a supreme court action if he does land it whatever I no I can't speak for everybody but whatever

um okay so Patty uh what what what what do you got in this so if you don't mind me asking to to Jenny's point one of the things that was discussed when this when the vote was taken to repeal the law was that after the applicant went through the proper permit processes and reviews that the approval still landed back at the Town board level even though that law had been repealed so it's before us tonight um I've heard a lot of people discuss both sides and I can appreciate their views um one of the questions and I'm just going to put this out there is that but and I and I from what I'm reading and from what I'm hearing from our attorney that's not really within the purview of granting a permit but since there is no limit on a flight path can the town put that in some sort of permit so that we are confident that it's taking off and Landing over his property that being said that's not my issue okay my

issue is that in listening to people and listening to the discussions before and I think we all know that I was I was a no vote on this um we talked about safety we talked about noise we talked about height all of those issues to me I appreciate the fact that there are experts who have looked at the flight plan who have looked at the applicants qualifications and those experts have said this passes muster with everything that we have the ability to control what those experts cannot give an opinion on to me is extremely important and that is the quality of life for the entire neighborhood and in my mind yes it may be somewhat emotional but I don't think that this applicant or this this permit perhaps adds anything to the quality of life of the entire neighborhood it adds to the quality of the life for one person and that's that's been my stance all along and it continues to be

okay um well I would say this uh my whole thing has been since this began is uh and I I really I'm a broken record on this I think the department heads have heard it for me many times and whatever I do not want to build systems and laws based on a person because when you build it around a person then it doesn't have any continuity into the future you need to build systems for an organization you need to build laws that are around a pragmatic aspect that takes out of the equation your biases toward the person in my professional career I have had to Advocate because it was the right thing in my opinion pragmatic ically for people that I did not like personally I also had to go against because pragmatically in to my mind it was the right thing to do for people that I really liked so it has always been my opinion

that this law went into effect 15 to 20 years ago because of the dislike of John kashani which some of that dislike from the people down there might be well earned I've known John for a long time maybe some of it is well earned but I'm that's not how I roll on these things so as I've gotten more education on it what I would like to leave the town with when I'm long gone and this town board is long gone is a template for as helicopters become more popular which they may okay that what is the system that we follow um in approving them and it seems like baring changes at the federal level or the state level yes these experts come in and say that land and all that is we we're okay with that being a uh at the FAA level a Hort my guess is there are not too many pieces of property in Webster that would get that um approval and then whatever criteria the New York State Department of Transportation Aviation division the same uh criteria

uh would be tough uh to get so just because potentially only one person has the ability to get that at this point I I never saw that as like well it it still is if they followed the process and and all that I just didn't see any problems with it regardless of whether I love John or hate John so I do feel like a judge isn't that what a judge is supposed to do Charlie maybe I miss my call you know they're still I love Charlie I think Charlie human beings we're all human Charlie wrote the law this is a great guy but we're all human he is not leaning toward this and he is going to give advice in my opinion because he wrote the law and the law was a great piece of legislation and attorneys take so much pride in that and you know how much pride you take is that when then it gets challenged at a court level and the judge upholds it they should put a banner up on the wall that Charlie wrote a great law but just because that law held up at a court level doesn't mean it is the right thing we've all learned that laws and rules don't always mean that they

are the right thing they were the creations of man man is a frail object who is got faults I now I feel like I'm a preacher we're going to get to the end of this um my concern is the lack of flight path I guess I'm taking the opinion that whether it's the the there's some precedent of other Town boards this and that that code silent on it we do stuff all the time at the Town board level that the the code is not overt on and I don't know I don't know if there's an article 78 people want to challenge it they can challenge it I would like to see the town board I think this is you know we do fill permits right we do licensing agreements what the hell are we doing those for shouldn't they be at the zoning board the planning board no our code says they should be here is that the right thing now to have them there that's for another day but I'll tell you this something like this i' I'd rather be at the the the town board not at the zoning board so if if it's a a a permit special use or what are we accessory at a R2 R3 if we have some latitude on that my

suggestion and that's why I said to Jared where is the flight pattern because common sense says he's got a unique piece of property fly out over the bay come back in over the bay but there's no place in the rules that says he has to does the town board and whoever's making this resolution motion want to add that in and just like anybody could contest it I don't know if it's an 178 adding that in maybe Mr K kashani will contest that I'm not going to uh adhere to a flight plan where I have to take off and go out west over the bay and then wherever he goes from there and then come back in and come back over the bay I don't know so John and Jen I you guys have done the heavy lifting you want to make a motion on this I I for my money you do the accessory the special permit whatever and in a flight can I can I jump in for just a moment because I just want to make sure that I clarify

my comments it is not against one person I I'm I'm not doing this to be to go against John kashani I think he knows that and it to me it's and there are others that that have come before us who have said you know I'm I'm kind of interested in that too to me it's the same issue for every neighborhood that we look at this and I certainly hope there are not a lot of properties that would would fall into this category but it's still a compromise for an entire neighborhood to benefit one person I'm just looking at and I totally appreciate and I said it was law in my opinion 20 years ago that was against one person I never said that what's happening on this vote right now Deja Vu February 22nd I I put it out there in the handout the board voted three to two to repeal the law carac everybody remember Johnny Carson I can kind of see this mic go a 3-2 route again I was the third vote that got it over the top just just the way sequentially it went on February 22nd I made a lot of comments how I was I I had some consternation about it for some of the things I've said tonight the specificity of of the flight pattern and this and that that I couldn't see in the FAA and all that now I've made a

suggestion or I've made a comment here to Jennifer or John is going to make this resolution if this is going someplace tonight if you make the resolution based on your research and you've he heard tonight Jennifer and John choose your words wisely on how you frame that resolution do you understand what I mean by that so you want us to include in this resolution the flight path Ingress and egress do we have some latitude our attorney says that it's silent and if it's silent either that mean does that mean we can't do it and it should go to the zoning board or does that mean well listen we got some latitude let's let's well according to another attorney in the room the FAA regulates that aspect now it's it's silent to it in their okay well this is where I want another attorney's opinion based upon input I know what his opinion is well no no no no let me finish please let me finish please let me finish all right I would like his input based upon his client what his regular path is if his regular path is to come in from the bay

and go out from the bay and has no problem with us including that language then I have no problem but I would like his input okay and that's you know what it's 10:15 I'll tell you what as you're moving up to the podium Jared to give your input another attorney's opinion on this okay which nothing against you guys but I've dealt with attorneys for my whole career and you guys could debate like high school debate pick this side today pick this side tomorrow and you'd sound equally passionate to both sides all right now I'm going to just say this we had a permit at the zoning board a month ago that basically had been issued by the zoning board several years ago for an inhome business there was proof shown that they were breaking the rules of that inhome business and the zoning board rescinded it repealed it so as you give your opinion if we write this permit where we're saying this is what we expect the flight pattern in and out to be and we adopt it and we go out happily ever after and then there is proof given that Mr kashani is coming in over all

these houses in landing that would be grounds to come back to this board and repeal that permit but you you're asking me for two different things go with his question first so and John ask him what you want to ask so if we include verbage just by understanding that the FAA you correct me if I'm wrong okay who regulates airspace the FAA do they regulate coming in and going out they they supersede everybody they are the only agency that can regulate air but in that is it in the in the faa's information they did not overtly State okay you need to come in from this direction and go out from that direction correct they they did not find it necessary so and keep in mind that right now anyone can fly over any of these houses correct in the town of Webster and there is absolutely positively nothing this town board could do right because they don't have the authority to do that the FAA has the authority if they found it necessary to limit the entry and exit from John's property those experts did not find it

necessary New York State could have mentioned it they did not find it necessary so I I understand supervisor where where your comments are but the reality of it is any helicopter could fly over these homes right now or tomorrow and there's nothing the town board could do but we're not talking about flying we're talking about landing and taking off but but but that's that's he's landing and taking off on his property so it's the same thing j can I ask you something yes and like I said we can have fun with this all night but I don't want to keep everybody here all night I also heard from one of the speakers that 1,000 ft 500 ft but that doesn't come into play from takeoff and Landing because we understand at the FAA or New York state that you you when you take off there's a point where you're one foot and then you're 10 ft and then you're so they've they have overtly said that so my point is is that because that in the legal world is well look at that you don't have to be 500 ft when you're taking off and Landing then he could basically come over all those neighborhoods and get down to basically trimming their house as he's coming into

land and say where is that not saying that hey I I I wasn't at 500 ft cuz I was coming into land absolutely not because all they would have to do is take out their smartphone that everyone has take a photo of it send it to the FAA and then all the work that John's done in getting his license is put on the line absolutely not it and it's so easy nowadays to prove that to your point if if he's doing something that violates federal law with the FAA that's all you have to do is report them oh look here's the video I took here here's the the picture I took and it's over so I mean there are so many safeguards in place which is why I stood here many times over the last few months saying you've got the FAA you've got New York State and now we're back here again so I mean you've had three agencies or three administrative courts look at this experts on Aviation approve it and now it back here to really talk about a Hort that that that's what we're here for it's and there is no I I can keep going on and on on I don't want to I want to stop no I I mean because I I take exception and Jared I'll tell you what lot of latitude here tonight a lot of

whatever but I also you know nobody can ever accuse us and that's why I handed out the milestones and whatever we're not lazy in this there's been a lot of town board discussion 52 minutes before we voted on February 22nd there's been 36 speakers at the two uh the public hearing on February 1st and then tonight lot of you know back and forth all this um I and every day I learned something new I mean that was very interesting to hear that the blue helicopter is probably the rg& or whoever helicopter and people think that's John when John's helicopter is readed that's the kind of misinformation that will run things off the Rail lot of stuff going on here thank you I think I've got everything I need on an opinion yep and Charlie I appreciate everything you've done and do as the town board attorney or the town attorney um so really to tell you the truth uh like I said this is John and Jennifer's they they've kind of been spearheading uh the work on this and I say that because some of the presentations that you've done Jennifer on this and from the podium or from yours Place given all the research you

did and John you did in like you do dig in for things I'll admit I have not dug in like they have so they made the motion back on February 22nd and the law got repealed I'm saying that was easy because it was just repeal it there was no dressing up of the wording of the the motion and what we are going to put in for posterity uh on this how would you if you want to make a motion on this how do you want to do it and how do you want to word it so the rest of the board can vote the I I don't I'm not sure I understand like what you mean by how we want to word it are you talking about the wording it of governing a flight path or just say making a motion that this application is consistent with the process of FAA doot and business law 249 because that's basically what's before us correct I think I think the problem

I'm sorry to interrupt but I think the problem is there is no process here we are not the FAA we are not the state of New York uh there is no process here to Grant this I don't I don't understand exactly what they're seeking to be honest they want to Pro approval by they I'm sorry I mean the applicant they he wants his approval he wants the town to approve apparently the use of a heliport problem is heliports are nowhere found in our code they are nowhere permitted in our code that's number one number two if you're seeking a permit there's you there has to be a process for a permit to be granted planning board has a process which is written into into our code Town board has a process for many numerous uses um among which is not this uh and I think zoning board has uh has permit process but there's nothing here so I'm not exactly sure what we're granting um if you grant it that's the that's number one concern and that's a major concern because it just doesn't apply to the John or the Hort it could apply to anything anybody coming here and saying we want approval for this we're just going to come in it's nowhere in the code we're going to ask for approval for this it could be anything I don't know what I'm not going to strain my imagination to come up with things

but that's a that's my major concern because that will come to haunt the board down the road and as many conditions as you put on it and assuming nobody challenges and that's a big assumption because there may be people out there that that would challenge uh in approval of this um you're still going to have other people that are going to piggyback and come in with very and I'm not just talking flying machines it could be numerous other things that we can't even think about right now so anyway just keep that in mind that's that is a it's a big de deal this is a bigger deal than it appears we frankly we had a process years ago that we developed but we never put into place for something like this okay that was a long time ago and that left that's no longer around I going just say this and look when a code is silent to something it doesn't mean it is prohibited correct but it doesn't mean it's allowed and that's why you guys make money as attorneys because then a process starts that of how that works right now we have things I would say that the zoning board of appeals for the most part you're asking for a variance you're everything the zoning board of appeals does is a request to do something that is outside of our code that our code says that it

can be three foot high and you're asking for it to be 5 foot high I'd have to go back in the zoning board to say do you guys deal with various requests on things that are silent that you're asked to as a zoning board of appeals determine if it's prohibited because it's silent or if it's allowed I'm a data guy we don't have time tonight to go look at that at least my experience and Josh you've been overseeing the zoning board for a long time am I right in assuming the variances are here's what our code says overt not silent it says 3T you want it to be 5T do you recall all the zoning board of appeals doing stuff that is on stuff that is silent in the code that now the zoning board is asked to say is that mean it's prohibited or is it allowed I'm not going to put you on the spot I would rather have the town board the governing entity of the Town who can always any resolution we make any local law we make could be contended by lawsuit article 78 this and that every resolution we do we do 400 a year

right so if we pass this no matter how we do it I'm not delusional to think that it couldn't have some group of people that come and contest it and whatever um but I go back to if we don't do anything I still don't hear we have no then he's Landing the helicopter there and I know what our code enforcement is and I know whatever and so what we go home and say well we've done everything we can do and then the neighbors are like what are you going to well we could send it to code enforcement but you know I'm going to just be honest with you the Neighbors The Code Enforcement right now doesn't have any bite they'll issue some tickets on that because it's not an allowable use and they they'll go to a court and then I know how it works if he doesn't show up at Court then it gets it gets dismissed how that's fun you think you're mad at us now you'll be really mad at that time so what is it and I appreciate okay that there was a lot of passion about this but I'll tell you what so I guess why they pay me the big bucks I'm the supervisor I'm going to make a motion all right and you can do the sequence any way you want

okay and I'm going to explain why I'm making the motion as I make it going to make a motion to approve an application for the establishment of a privately owned Hort at 893 dwit Road Webster New York as an accessory building or I'm sorry an accessory unit accessory use permit and I'm going to leave it at that and I'm going to tell you why I'm going to leave it at that before you vote on it because the more and more I hear from the naysayers and the positives and this and that and the sound and they're over my house and this and that you know what Jared you made a very good point here this is 2024 if he is hovering over someone's house and pulls that crap pull out your camera take a picture send it to the FAA and I do believe he's

done and that's why I'm leaving it clean and not all of the stuff that but I wanted to talk about it a flight pattern and this and that but that's my motion should I read it again for clarity as each board member votes on it or does everybody understand the motion I just made I I don't understand this you're establishing now you're establishing a permit rather than granting an application I think you're okay well you know what then strike it and I'm going to put it right back to John and Jen if you don't like my my thing then take control of it all right I will move to approve an application for the establishment of a privately owned Hort at 893 dit Road Webster New York commensurate with General business law section 249 and Webster town code subsection 353 which is silent with respect to horts that's my motion I'll second that and I'm going to explain I'm I'm seconding it based on the research that I've done the discussion here tonight there was a process there is a law for establishing

a private Hort there is an approval from the FAA there is an approval from the do that's that's the process that's the three step process and I'm not an attorney but in law you have case cases that are precedents and the town of Ontario did that you know has the same this is the process that they followed correct so we're actually following a process that was done in a neighboring town so that is why I'm seconding that motion councilman kahill I councilwoman Wright I councilwoman galdi no councilwoman w i supervisor FL [Music] I okay and that concludes the uh formal meeting tonight we'll do our round table and let's start with did you want to do a uh we're going to do our round table because I think there's some announcements that people want to make tonight um Josh

anything um we've just been uh busy welcoming four new employees to the engineering department and uh getting them up to speed right before the busy construction season great Jenny okay um um I got my little notes Here at Lan for the Webster Museum I would like to congrat Sophia Mor a senior at Webster shoulder high school she will be graduating with an average GPA of 95.3 and Sophia will be attending MCC and then transferring to RIT for major in museum and studies as always please come out to support our Webster Museum and our Webster Library they exist because of all of your support I would U there's a lot of activities going on this summer so please check the details online and I hope everyone have a wonderful evening and thank you for coming out today God bless America thank you Jimny Jan I'm all set I have nothing all right Dolly anything no I have nothing okay

Jennifer I have a few so the highway department will be starting the chip seal process to maintain the roads in on July 28th to August 2nd and uh I will be doing some of the work or joining supervisor flarity in uh going door too to speak with residents who will um have their roads and feathered as I call them chip sealed and feathered um to maintain them and explain the process so that's that's coming up very soon and we'll be going door too very soon um Parks and Recreation fingers crossed it does not rain this Saturday for the summer celebration it's Saturday at the recreation center from 4: to 10: p.m. and there will be fireworks at 9:45 so Webster gets ahead of all of the other festivals and starts the summer a little bit early so we're very excited about that and the assessing Department the third Department that I'm the liais on to is I don't know Charlie are they through all of the Grievances at this point we've got we have one more meeting on Monday the 10th so so I'm hoping that that will be the end of it yeah so it was it was a light grievance years you

might expect with a 52% Equalization rate a lot of people don't want to roughy feathers with the with their no one's arguing their assessments this year um the last thing I want to say I'm sorry we haven't met in a while so there's a lot of things I can't wait till we reconfigure the room cuz you were talking to people out there and there was something happening that I I can't even see like I can't my my seat here I'm disadvantaged like I can't see a third I don't know if that post is going away though is it I don't think I don't think I don't think it's structural I believe say structural but like if you set more chairs that way corre we shift everybody this way the meme is going well that that's not going anywhere I I get it's structural but it's it's it's such a disadvantage to sit there and not be able to see yep the fen of the room will be very different in a month or two we'll call it that the what the fen right isn't that what they call that's the vibe that's your Vibe I know you and your fancy talk I don't know you know what is it Latin same thing uh p thank you for mentioning the summer celebration I was hoping someone would

in in the interest of time and getting us all home at some point this evening it is now 25 to does that say 11 10:30 I have nothing to add thank you Patty and Charlie oh you want me to say something don't you I do all right good night starting starting tomorrow the town is going to be putting out they're putting me to pasture and they're going to be putting out true that's not true no I'm it's not true it's not true uh I'm going to be leaving the town attorney position at the end of the year so they are putting out I don't know what you want to call it requests for RFP RFI well an an RFI for to see law firms and what they could individual but also in parallel individuals to see if there's another Charlie out there would I I think it's a very and actually I've been meeting with Tom about this for a long long time and other people as well p and and and uh deputies but I think it's a very good idea to start this process as early as we can because the job is become much more complicated than it used to be and uh just by look at the type of matters we have it's a good example right but anyway uh so that that's the deal the deal is that uh you

know I will be leaving at the end of the year but you won't he'll be leaving the position of town attorney but I think what we've discussed is you will still be in in a position doing stuff for the town whether it's the tertiary work the gri stuff yes so that's where Char he being put out that's a promise I've made I would AB absolutely no I I I will be around I think um you know Barb Barbara Ott made a good uh good example of that you know helping Dolly out I think it's that's why I think it's great I mean it's great looking at looking ahead yeah and planning it yes I'll be I'm not moving out of town or anything like that at least I'm not planning on Charlie I just I mean you announcing this today we lost Don elhart today and now it's you I I don't know really know what to do as old as he no um so what thank you Charlie and we there'll be more discussion about this and I can't stress enough uh Charlie is at least if if I have my way which it's him and his wife's decision and his family Charlie will still be with the town in 2025 uh in some capacity in in legal consultation this and that so you don't you don't lose that kind of

institutional knowledge and just no you don't you can't you can't do it Charlie I've I've known you for a number of years I've continue to respect you I will always respect you and I think this evening is probably one of the only times I have ever disagreed with you um but I still respect you and always will respect there's nothing wrong with it's not a personal no no no it's that's that's an intellectual disagreement yeah correct I just wanted to CL I appreciate as we get to me on this round table be being the buzz kill I'm making a motion to go into executive session under Section 105 sub chapter I think this has to do with the uh discussion of a person correct about a personal matter okay personnel and personal matter yeah it's one can I vote no um and uh that's my motion and oh and I also want to the town board uh Charlie janesse is the town attorney and chief Dennis Coler and Captain Mark Reed are invited to this executive session that is my motion at 10:34

second um all in favor I all opposed I mean nobody's POS formally I think everybody personally cuz we've been here 3 hours and 4 minutes yeah